Common use of Capital Structure and Business Clause in Contracts

Capital Structure and Business. No Credit Party shall (a) make any ------------------------------ changes in any of its business objectives, purposes or operations that could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) make any change in its capital structure as described in Disclosure Schedule (3.8), including the issuance of any shares of Stock, ------------------------- warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock; provided that Holdings may make a Public Offering of -------- its common Stock so long as (i) the proceeds thereof are applied in prepayment of the Obligations as required by Section 1.3(b)(iii), and (ii) no Change of ------------------- Control occurs after giving effect thereto, or (c) amend its charter or bylaws in a manner that would adversely affect Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it.

Capital Structure and Business. No Credit Party shall (a) make any ------------------------------ changes in any of its business objectives, purposes or operations that could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) make any change in its capital structure as described in Disclosure Schedule (3.8), including the issuance or sale of any shares of Stock, ------------------------- warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock; provided provided, that (A) Holdings may make a Public Offering of -------- issue or sell its common Stock for cash so long as (i) the proceeds thereof are applied in prepayment of the Obligations as required by Section 1.3(b)(iii), and (ii) no Change of ------------------- Control occurs after giving effect theretothereto and (B) the Credit Parties may form Subsidiaries so long as such Credit Party shall fully comply with Section 5.10 hereof, or (c) amend its charter or bylaws in a manner that would adversely affect Agent or Lenders or such Credit Party's ’s duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by itit or businesses reasonably related thereto.

Capital Structure and Business. No Credit Party shall (a) make any ------------------------------ changes in any of its business objectives, purposes or operations that could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) make any change in its capital structure as described in Disclosure Schedule DISCLOSURE SCHEDULE (3.83.9), including the issuance of any shares of Stock, ------------------------- warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock; provided PROVIDED, that Holdings may make a Qualified Public Offering of -------- its common Stock so long as (i) the proceeds thereof are applied in prepayment of the Obligations as required by Section SECTION 1.3(b)(iii), and (ii) no Change of ------------------- Control occurs after giving effect thereto, or (c) amend its charter or bylaws in a manner that would adversely affect Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it.

Capital Structure and Business. No Credit Party shall (a) make any ------------------------------ changes in any of its business objectives, purposes or operations that could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except as expressly permitted by Section 6.1, make any change in its capital structure as described in Disclosure Schedule (3.8), including the issuance or sale of any shares of Stock, ------------------------- warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock; provided provided, that Holdings may make a Public Offering issue or sell shares of -------- its common Stock for cash so long as (i) the proceeds thereof are applied in prepayment of the Obligations as required by Section 1.3(b)(iii), and (ii) no Change of ------------------- Control occurs after giving effect thereto, or (c) amend its charter or bylaws in a manner that would adversely affect Agent or Lenders or such Credit Party's ’s duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by itit or businesses reasonably related thereto.

Capital Structure and Business. No Credit Party shall (a) make ------------------------------ any ------------------------------ changes in any of its business objectives, purposes or operations that could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) make any change in its capital structure as described in Disclosure Schedule (3.8), including the issuance or sale of any ------------------------- shares of Stock, ------------------------- warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock; provided provided, that Holdings Borrower may make a Public Offering of -------- issue or sell its common Stock and warrants or other securities convertible into its common Stock so long as (i) the proceeds thereof are applied in prepayment of the Obligations as to the extent required by Section 1.3(b)(iii), ------------------- and (ii) no Change of ------------------- Control occurs after giving effect thereto, or (c) amend its charter or bylaws in a manner that would adversely affect Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by itit or businesses reasonably related thereto.

Capital Structure and Business. No Neither Holdings nor any Credit Party shall (a) make any ------------------------------ changes in any of its business objectives, purposes or operations that which could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) make any change in its capital structure as described in on Disclosure Schedule (3.8), including the issuance of any shares of Stock, ------------------------- warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock; provided , except that Holdings Borrower may make a Public Offering of -------- its common Stock so long as (i) the proceeds thereof are applied in prepayment of the Obligations as required by Section 1.3(b)(iii), and (ii) no Change of ------------------- Control occurs after giving effect thereto, or (c) amend its charter or bylaws in a manner that which would adversely affect Agent or Lenders or such Holdings' or any Credit Party's duty or ability to repay the Obligations. No Credit Party Neither Holdings nor any of its Subsidiaries (other than Continental) shall engage in any business other than the businesses currently engaged in by it.